State Public-Sector Employeesg
Statutory Provisions (for public-sector whistleblowers)
New South Wales
The provisions below variously provide for the following: Misconduct that includes taking reprisals or detrimental action against a whistleblower, a right of appeal against disciplinary action on the basis that it is substantially a reprisal, a statutory obligation on all employers to safeguard the health, safety and welfare of all employees, and provision for a document to be exempt from release under FOI if it contains a protected disclosure.
Section 43(1) of the Public Sector Employment & Management Act
Section 24 of the Government & Related Employees Appeal Tribunal Act
Section 206 of the Police Act 1990
Section 8 of the Occupational Health & Safety Act 2000
Schedule 1, clause 20(d) of the Freedom of Information Act 1989
Note: The Independent Commission Against Corruption, Ombudsman and Police Integrity Acts include the same statutory protections as the Protected Disclosures Act (NSW) 1994 and criminal (only) offences for taking reprisal action against persons who assist them in their investigations.
The provisions below variously provide for the following: Appeals against victimization or discrimination, a review of disciplinary action, unfair treatment or transfers under Equal Opportunity (EO) legislation, and in QLD (only) a claim for unfair dismissal.
Section 16 of the Equal Opportunity Act (Cth)
Section 9(2)(b) of the Equal Opportunity Act (SA) 1984
Section s.73(2)(f)(i) of the Industrial Relations Act (QLD) 1998
Section 15(4) of the Equal opportunity Act (WA) 1984
Public Service Act 1999 s.16
Parliamentary Service Act 1999 s.16
Workplace Relations Amendment (Codifying Contempt Offences) Act 2004
Fair Work Act 2009, Part 3-1 of Chapter 3
legislation go to http://www.austlii.edu.au/.
Private-Sector Executives and Employees
Corporations Act (Cth) 2001 s.1317 (A-E), s.89
Corporate Law Economic Reform Program (Audit Reform and Corporate Disclosure) Act 2004: Also known as CLERP 9. Refer to http://www.asic.gov.au/asic/asic.nsf/byheadline/CLERP+9
Trade Practices Act 1974 [cartel provisions]
Fair Work Act 2009, Part 3-1 of Chapter 3 and for other employment-related information, go to http://www.fwa.gov.au.
For all legislation go to http://www.austlii.edu.au/
Persons Other Than Public-Sector Employees/Officials
There is no statutory system of protection available in NSW for public-spirited persons or citizens who want to blow the whistle on (say) government contractor misconduct, fraud, waste, or a potential threat to public health or safety or the environment. That is, there is no protection covering (e.g.) concerned parents, other bystanders, government contractors, employees of an NGO, charity workers, or volunteers in any area.
The Tasmanian act does extend its cover to government contractors.
Queensland does allow any 'person' to blow the whistle, but only about a public-sector threat of harm to a disabled person or to the environment.
Victoria, South Australia and Western Australia allow any 'person' to make a public-interest disclosure about wrongdoing in the public sector.
There is no act that bridges the divide between the public’s interest in the public and private sectors.